The Practice Dilemma And Countermeasures Of The System Of Concession And Admissibility Of Guilty And Punishment In The Stage Of Prosecution

In order to punish crimes in a timely and effective manner,further implement the criminal policy of leniency,strengthen the judicial guarantee of human rights,promote the complicated diversion of cases,optimize the allocation of judicial resources,and achieve the unity of justice and efficiency,the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China put forward: "Improve the system of guilty pleas and punishments in criminal proceedings." On October 26,2018,the revised Criminal Procedure Law of the People's Republic of China formally adopted the system of clemency as the basic principle of the Criminal Procedure Law in a coded form,enabling the system to complete the transition from criminal policy to legislation.The establishment of the system of guilty plea and punishment from leniency is an important milestone in the process of rule of law in our country,and it is a new system that conforms to the value orientation of modern criminal proceedings,which has vigorous vitality and solid judicial soil,but it also exists the immaturity of the new system.Up to now,in the process of applying the system of confession and punishment,there are still some practical problems such as unclear definition of concept,vague application standard and large regional difference.Among them,the examination and prosecution stage as the upstream link of criminal proceedings and the leading stage of the application of the system of clemency of guilty pleas,the understanding and application of the system of clemency of guilty pleas and penalties will directly affect the effectiveness of the implementation of the system.Therefore,it is necessary to discuss the application and practical dilemma of the system of clemency in the examination and prosecution stage.The article mainly discusses from the following parts:The first part,from the guilty plea and punishment from the theoretical concept of leniency.Combined with the existing legislation and relevant provisions,the key concepts of "confession","confession" and "wide" are defined,and the characteristics of the system of confession and punishment are clarified by combing the applicable conditions of the system and the analysis with the relevant system,so as to better understand the system orientation and value orientation.The second part,through analyzing the value,content,participants and corresponding supporting measures of the system of confession and punishment in the prosecution stage,can more intuitively understand the operational characteristics of the confession and punishment procedure in the stage of examination and prosecution.The third part expounds the current situation and practical dilemma of the system of confession and punishment in the stage of examination and prosecution.Based on the pilot work in the early stage and the implementation of the system in the last two years,the system of guilty pleas and penalties has achieved remarkable results in promoting the diversion of cases and improving the efficiency of the administration of justice.However,based on the long-term development,there are still many practical problems in the application of the system in the examination and prosecution stage,such as the application of the scope of the case and the standard of proof is not uniform,the phenomenon of false confession of criminal suspects,the prosecution's handling of cases is not standardized,the sentencing recommendations are not standardized,the on-duty lawyer formalization,lack of repentance procedures,supervision mechanism and accountability mechanism is missing,the right to participate in the victim is difficult to be guaranteed.The fourth part,in view of the above-mentioned problems to propose a rational solution to the path.First of all,it is necessary to improve the examination of the prosecution stage of the guilty plea system of the relevant legal norms,so that the application of the system has a unified standard.Secondly,to improve the relevant supporting measures,mainly reflected in the protection of the on-duty lawyer system,the establishment of the evidence-opening system,the standardized treatment of sentencing recommendations,as well as the protection of the victim's right to participate.Third,we should optimize the litigation function of the procuratorial organs,improve the efficiency of handling cases,and achieve the highest litigation efficiency with the lowest judicial cost.This includes improving the quality of judicial personnel,giving full play to the discretion of the procuratorial organs not to prosecute,simplifying litigation documents and related procedures.Finally,it is necessary to establish and improve the supervision mechanism of confession and punishment,supervise the implementation of the system of confession and punishment from internal and external dimensions,and realize the transparency of the system.